United States v. Tony Barnes

MEMORANDUM

Tony Eugene Barnes (“Barnes”) pleaded guilty to one count of bank fraud, one count of conspiracy to commit bank fraud, and one count of aggravated identity theft for stealing 31 bank account holders’ identities. The district court sentenced Barnes to two concurrent 57-month sentences and a consecutive 24-month sentence. Barnes was also ordered to pay $145,703.45 in restitution under the Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. § 3663A. Barnes challenges his 57-month concurrent sentences and the restitution order. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I. Sentencing

The district court applied the twelve-level sentencing enhancement because it concluded that the loss arising from Barnes’ offense exceeded $200,000. The district court determined that Barnes was responsible for $193,303.54 in intended losses suffered by the banks, plus $12,400 in collateral losses suffered by the individual bank account holders. The district court calculated $12,400 in collateral losses by assigning $400 of collateral loss for each of the 31 individual victims. The district court based its calculation on testimony by FBI Special Agent Kevin Damuth. Agent…